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BHARAT P. DESHPANDE
Noella Fernandes – Appellant
Versus
Assistant Registrar of Co-operative Societies – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
Rule. Rule is made returnable forthwith.
2. Heard the matter finally at the admission stage with consent.
3. The petitioner who is one of the Board of Directors of the respondent No.2-Society and working as Secretary, preferred present petition thereby challenging the impugned order passed by the respondent No.1 dated 06/07/2023 and corrigendum dated 08/08/2023.
4. By the impugned order dated 06/07/2023, respondent No.1 disqualified the petitioner for a period of 4 years for being chosen as Directors and she was held ineligible to continue as Secretary of respondent No.2-Society. The respondent No.1 vide separate order dated 06/07/2023 appointed an Administrator to look after the day to day affairs of the society.
5. Mr. Nigel Da Costa Frias appearing for the petitioner would submit that the society was duly registered having its bye-laws approved. The only three members of the said society were elected as Directors including the petitioner. The said three Directors acted as Chairman, Treasurer and Secretary of the said society. The Treasurer resigned on 12/07/2020. On 13/07/2022, the Chairman resigned. There was only the petitioner being the Secretary
Disqualification of directors under Section 61 of the Goa Co-operative Societies Act is automatic, but the Registrar must judiciously consider circumstances when determining the duration of disqualif....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
The main legal point established in the judgment is the strict adherence to the statutory provisions for convening the Annual General Body Meeting (AGBM) of cooperative societies, as mandated by the ....
Sub-Rule (8) of Rule 60 was not attracted in such a case as the meeting was required to be postponed due to disturbance and secondly, the date of the postponed meeting was to be decided by the member....
The automatic disqualification under section 61 of the Goa Co-operative Societies Act upon violation of section 72 and the acknowledgment of disqualification by the Assistant Registrar without the ne....
The failure to conduct mandatory meetings as per Section 32(3) of the Telangana Cooperative Societies Act, 1964 results in automatic disqualification from the post of Chairman.
The main legal point established in the judgment is the likelihood of conflict between the duties of a Director on the Board of a Co-operative Society and the pecuniary interest of the individual, an....
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The statutory provisions governing cooperative societies, specifically Section 59A of the Goa Cooperative Societies Act, 2001, take precedence over conflicting bye-laws, ensuring democratic principle....
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